theForum

Completing the ETA with a caution?


https://forum.unlock.org.uk/Topic24328.aspx

By Effiew - 14 Dec 16 8:47 AM

Hi I was hoping someone could help? I have a caution from 2008 for damaging a car wing mirror, I was arrested but accepted the caution. I am really worried about answering yes in the question regarding convictions etc. As when I did that for a USA esta it automatically refused me and I spent a lot of time and money going to the American embassy to eventually be given a 10 year travel visa.
I know I have to be honest as the question does say arrested, but I've heard that they then ask for more information, I'm hoping that's true! Plus does a caution become spent?
I'm very confused!
By Deb S - 24 Oct 17 8:58 AM

candec - 23 Oct 17 1:42 PM
candec - 11 Apr 17 5:16 PM
AB2014 - 11 Apr 17 1:22 PM
candec - 9 Apr 17 12:47 PM
danny50 - 10 Mar 17 3:02 PM
Deb S - 16 Dec 16 9:01 AM
You've got nothing to worry about with your caution. 

So how would that work with the actual question asked on ETA?

"Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country?"

'Select ‘Yes’ if you have ever committed, been charged with or convicted of a crime in any country. Please provide as many details as possible. Failure to include additional and sufficient details may result in slower processing.'

Unlike the question on ESTA, where you can tick 'no' for some crimes, the Canadian question doesn't seem to have a get-out, even if you are rehabilitated.



I was thinking of travelling to Canada this year and according to what I've read the start date for a conviction is from the end of the sentence not from the conviction date . I served a 3 year probation which completed in April 2008. This becomes spent according to how it reads after 10 years in 2018. As stated earlier in the thread Canada's ETA includes all convictions unlike the USA's ESTA. I contacted an immigration lawyer in Ontario (anonymously) and was told to apply from a TRV (Temporary Resident Visa). The legal fees + TRV would add up to something like $1,200!  Does Canada share criminal records with UK as it does with the USA? I'm thinking of applying for the ETA and seeing if it is accepted.

Hi candec,

If you got 3 years probation that finished in 2008, then that became spent years ago. Three years prison would be spent seven years from the end of the sentence, which should still be past by now. There's info on the Unlock website here that should be helpful. The Uk doesn't share criminal records with Canada. Hope that helps.
Yes thanks it does allay most worries. The sentence was deemed spent here in 2009. What worried me was Canada is saying they automatically allow entry into Canada for anyone with a conviction when 10 years has elapsed since the completion of the sentence not from the start of the sentence. 10 years won't have elapsed until 2018. As that would only be about 7 months away when I might be  going there I think I will apply for an ETA and see what happens. 


Just to let you know I had a very enjoyable holiday in Canada.

Glad to hear it,

Debs